08/14/2026
WVCDL
Silencer Shop v. ATF
I'm sure many of you have seen the coverage of the Silencer Shop Foundation v. ATF case out of Texas, and the news that the injunction took effect this week. Some are calling it the "death of the NFA." From their mouths to God's ears, but that is not clear yet. We are aware of it. We have been aware of it. We have not put out guidance yet for specific reasons.
The relief in that case is not a nationwide ruling and there is no certified class. In fact, Congress has asked for rule-making nationwide, rather than act on it themselves (take from that what you will). The injunction runs to the named plaintiffs and, where applicable, their agencies, political subdivisions, members, and customers.
Working out who actually falls inside those categories (and under what circumstances) is genuinely difficult, and the answer is not the same for every member reading this.
At least one significant federal prohibition was NOT enjoined: 26 U.S.C. § 5861(j), which covers transporting, delivering, or receiving an unregistered NFA item in interstate commerce. That provision remains on the books and enforceable. Neither the court nor ATF has addressed how it interacts with a suppressor acquired under this injunction. For a state like West Virginia, where a lot of purchasing crosses state lines, that is a serious issue, and we are investigating it.
Your BoD has been in contact with the West Virginia Attorney General's Office. This is on their radar, they are not sitting on this.
WVCDL is not going to guess in public. On a question where the downside of being wrong is a federal felony and then years in prison, bad information is worse than no information. We would rather be second and correct than first and reckless.
Here is what we are asking of you:
Do not treat anything you read in a comment section, a forum, or a marketing email as legal advice. That includes anything posted in this group.
Do not take action on your own from reading of a headline. If you are considering acquiring or possessing a suppressor you think might be covered by the injunction (hint: it's not all of them), talk to a lawyer who has actually read the final judgment and can give you legal advice on your specific situation.
Keep this channel clear. We are asking members to hold off on speculative posts and threads about who is or is not covered. It clutters the signal and it puts people at risk. (That sort of conversation can happen in the Telegram chat).
When we can give you information that is accurate, true, and useful, we will give it to you here, in writing, with the authority behind it. That is coming, but it is not coming today.
